Patent attorneys secure and enforce rights in inventions: patentability searches, drafting and prosecuting utility, design and plant applications before the USPTO, responding to office actions, appeals and post-grant proceedings, freedom-to-operate opinions, licensing and infringement litigation.
Prosecution requires a patent attorney or agent registered with the USPTO, which in turn requires a technical or scientific background. Litigation does not, but the two skill sets rarely sit in the same person.
Before you hire
File before you disclose, sell or offer the invention. The United States operates on first-to-file, and a public disclosure can bar rights abroad outright.
Match the attorney's technical field to the invention — electrical, mechanical, chemical, biotech and software each demand different backgrounds.
Ask for the full cost picture: drafting, filing, expected office actions, issue and maintenance fees, and foreign filings if you need them.
A provisional application buys twelve months, but only for what it actually describes.
See intellectual property and trademarks for the rest of the portfolio.
Patents: frequently asked questions
What is patent law?
Patent law grants an inventor the right to exclude others from making, using, selling or importing an invention for a limited time, in exchange for publishing how it works. In the United States patents are federal, issued by the USPTO, and utility patents last 20 years from the filing date.